1. Bodily Injury to Others: Provides limited coverage for you when other people are injured in an accident. This is very limited coverage and does not cover many types of accidents and injuries. Coverage is also limited to $20,000 per person and $40,000 per accident. You cannot purchase higher limits.
2. Bodily Injury Caused by an Uninsured Car: Provides coverage if you’re injured by a car that does not have insurance. This can also cover hit & run accidents.
3. Property Damage: Pays up to $5,000.00 of coverage for any damage you cause to someone else’s car or property. You are allowed to purchase higher limits.
4. Personal Injury Protection: Pays up to $8,000 for the medical expenses or lost wages of anyone injured while in your car. It will also pay for any pedestiran or bicyclist struck by your car, as well as for injuries you receive when involved in a car that does not have PIP Coverage.

There are additional supplemental coverages that are not required, but are recommended. Please refer to our prior post for a more in depth discussion. However, one optional coverage that is pertinent is for Med Pay coverage. This is similar to Personal Injury Protection coverage in that it will pay for certain medical expenses, regardless of whose fault a car accident is. Where the “no-fault” differs from the “fault” is in Personal Injury Protection insurance (item #4 above and hereinafter, “PIP”), and Med Pay coverage. No-fault states require you to purchase PIP in addition to basic liability insurance. PIP typically pays for your medical expenses and lost wages regardless of who caused the accident. This is where the “no-fault” term comes in. Even if you are at fault for the accident, PIP will cover the expenses. The goal of no-fault insurance is twofold: 1) save time and money and 2) to reduce the likelihood of a lawsuit. Insurance companies will drag their feet and paying claims and lawsuits can take time to resolve. In no-fault states, PIP pays out right away, regardless of fault. As you may have guessed, if people get paid for their expenses right away, the need for a lawsuit may be reduced. However, this does not preclude you from filing a lawsuit if the circumstances warrant it. In order to succeed in a lawsuit, you need to establish the other driver was negligent. You will also need to have at least $2,000.00 in medical bills to pursue a claim for pain and suffering. Further, as our ardent readers are aware, Massachusetts is a comparative negligence state, which means your fault in the collision will be weighed and may offset any potential payout. As always, it is a good idea to speak with an experienced attorney who can help you develop your claim and advice you on the best coursing moving forward.

If you or a loved one has been injued in a car accident and has questions about the various types of No Fault Insurance that are available, call the experienced car accident lawyers at Marcotte Law Firm for a free, no obligation consultation.

If you’ve been injured on someone’s else’s property, its important that you find a personal injury lawyer as soon as possible. The sooner you find a lawyer, the sooner he or she can send out a letter that asks that they preserve all videos. This will give you a much better chance of the video not magically disappearing.

If you’ve been injured by a government employee, it’s important to act fast. There are many limitations on these cases, and they need to be given attention right away. Call the Personal Injury lawyers at Marcotte Law Firm for a free, no obligation consultation.

• The place where the nuisance exists is a place where the landowner knows or has reason to know that children are likely to trespass;
• The nuisance is one which the landowner knows or should have reason to know involves an unreasonable risk of death or serious bodily harm to a child;
• Children, because of their youth, are unlikely to realize the danger they are in by coming near the nuisance;
• The burden on the landowner of eliminating or mitigating the danger is slight compared to the danger presented to children; and
• The landowner fails to take reasonable measures to eliminate the danger or protect children.

If the trespassing child is injured, then the property owner may be found liable if they failed to take reasonable steps to prevent the child from entering the property. Stated another way, if there is something on a property that may be inherently attractive to a child and the child is injured by that object, a property owner may be liable because a child cannot fully understand the risks posed by that object. Swimming pools are the classic example of an artificial condition that may attract a trespassing child; however, certainly not the only one. A quick google search reveals other common examples, e.g., trampolines, tree houses, machinery, etc., cited throughout case law. Using the example of a swimming pool, putting up a fence shows – legally speaking in terms of reasonable care – that the property owner understood the risk a pool may pose to a child and took reasonable care to mitigate that risk. This is why many local municipalities require a fence around a pool. While the law is designed to protect young children, the age of that child is not cut and dry. For example, the landowner’s duties may vary as it relates to a three-year old versus a thirteen-year old. That is to say a court may find an older child would have a greater appreciation of the risks. These claims can be difficult to evaluate and it certainly makes sense to speak with an experienced attorney.

If your child was injured due to an attractive nuisance on another person’s property, call the experienced premises liability lawyers at Marcotte Law Firm for a free, no obligation consultation.

• “slip and fall” accidents, including snow and ice
• Injuries sustained in swimming pools, including drowning
• Collapse of decks, balconies, or stairs,
• Exposure to toxic fumes or chemicals
• Other stairway accidents
• Construction site accidents.

Because these claims are generally filed under a negligence cause of action, the key element will be “reasonable care,” or “did the property owner take reasonable precautions to keep visitors safe?” While the requirements for reasonable care owed vary from state-to-state, Massachusetts applies tiered categories for visitors, who are owed varying levels of reasonable care. The categories of visitors – from the highest duty owed to the lowest – are invitees, licensees, and trespassers. The highest duty of care owed is to an “invitee.” An invitee is someone who has the property owner’s express or implied permission to enter the property, e.g., a patron to a restaurant. These are people invited onto a property for the purpose of spending money or engaging in a business interaction. Invitees are owed a duty to keep the property reasonably safe. Due to the financial nature of the interaction, the duty of care is considered the highest Just below an invitee is a “licensee.” A licensee also has express or implied permission to enter the property, but does not have a business purpose for being there, e.g., a social guest. Massachusetts has blurred the distinction between duty owed to an invitee and licensee as both are owed the reasonable care duty. What this means in practice is that an invitee and licensee are owed a reasonable duty of care and have the right to file a lawsuit against negligence and carelessness. Finally, the lowest duty owed is to a “trespasser.” As you likely guessed, a trespasser is someone who does not have any permission – express or implied – to enter the property. However, there is still a minimal duty of care owed. This means that a trespasser cannot sue you for negligence; however, they may be able to if a hazard is “unusually dangerous.” For example, you cannot set a trap on your property for a trespasser. It is worth quickly noting one exception to the trespasser rule relates to children and is known as the “attractive nuisance” doctrine. This is why all swimming pools should have fences around them. There are three (3) common defenses to premises liability: comparative negligence; “open and obvious” danger; and in the cases of government properties, Sovereign Immunity. For the purposes of this post, we will only discuss the first two (2). As discussed in our previous Snow and Ice articles, “comparative negligence” assesses a percentage of fault on both the injured party and the property owner, that is, you both share the blame. A judge or jury assesses your percentage of relative fault and deducts that from any damages received. Under comparative negligence laws in Massachusetts, the plaintiff can only be compensated if their share of the blame is less than 51%. Another defense is that the danger was “open and obvious.” A danger or risk is “open and obvious” if the risk would be obvious to persons of average intelligence. If it is open and obvious, then a property owner does not have a duty to warn of such risks. For example, if you are at a gas station filing your car and are hit by another driver, the owner of the gas station is likely not liable for your injuries because the danger of being hit by another moving car is open and obvious to a person of average intelligence. If you are a legal entrant to a property and suffered an injury while on that property, you may be able to recover compensation for your injuries. In Massachusetts, and as is the case with many other torts in the state, the statute of limitations to bring a legal claim against a property owner is three (3) years from the date you knew or should have known about the injury. This may seem like a long time, but it helps to explore your options as soon as possible with an experienced premises liability attorney.

Under the Massachusetts Dog Bite Statute, a dog’s owner may be found civilly liable for any damages caused, to person or property, by their dog. The statute applies when a dog causes personal injury or property damage. Even though it is referred to as the Dog Bite Statute, all injuries resulting from a dog are included, not just bites. For example, the statute would apply if a person was knocked down by a large breed dog and suffered a broken wrist. Notably, the statute adds an exception: the injured person must not have been trespassing or committing another tort, or teasing or provoking the dog at the time.

Unfortunately, children are often the victims of dog bites and the statute accounts for that. The statute provides that a minor, which Massachusetts defines as any child under seven (7) years of age, is presumed to not be trespassing or teasing/tormenting the dog. This presumption is rebuttable, but the burden shifts to the defendant/dog owner to prove the child was abusing the dog before the attack.

In addition, Massachusetts is a “strict liability” state when it comes to dog bites. Under the strict liability doctrine, the dog’s owner is liable for the actions of the dog, even if they took reasonable measures to restrain or enclose the dog. For example, if a dog owner has a fenced in yard, yet the dog manages to escape and causes harm to a person, the owner is liable for that harm caused, even though they took affirmative measures to keep the dog fenced in.

In Massachusetts, dog bite victims also have the ability to file a negligence claim against the dog owner. Negligence claims for dog bites are rare because the dog bite statute is broad and covers all types of injuries. Negligence claims require you to prove a different set of facts, mainly that the owner/defendant failed to exercise reasonable care, and it is in your interest to work with an experienced attorney to decide what claim or claims works best for you. It is beyond the scope of this article, but worth noting that in some circumstances, a dog owner may also be criminally liable. If a dog owner allowed or encouraged a dog to attack another person, the owner could be found guilty of assault with a deadly weapon.

Given the sheer volume and ubiquity of dogs, it is incumbent on dog owners to properly train their dogs. As you can see, Massachusetts is a plaintiff-friendly state when it comes to dog bite law. This means it will be much harder for the defendant/dog owner to “win” a lawsuit. The vast majority of dogs who bite are neglected, malnourished, or abused. If a dog, by way of bite or another related injury, injures you, you may be able to recover compensation for your injuries. In Massachusetts, the statute of limitations to bring a legal claim against a dog owner for a dog bite is three (3) years from the date of the initial injury, or dog bite. This may seem like a long time, but it moves quickly, especially if you require a lengthy time-period to recover from your injuries. If you are injured, it makes sense to explore your options with an experienced dog bite attorney.

Where these accidents often differ with ridesharing, is that there are now multiple levels of personal involvement; the rideshare company itself, the driver – who is an independent contractor, the passenger, and any other 3rd parties involved in the accident. The competing interests and responsibilities of these multiple actors can lead to difficulty obtaining relief for an injured party.

An important fact to know is that individuals who drive for rideshare companies are not “employees,” in the legal sense. Rather, they are independent contractors. This is significant for a couple for reasons. First, from the perspective of the driver, they are not entitled to Workers’ Compensation in the event of a workplace accident. Next, you are required to carry your own insurance. As we will see, when the accident occurred in the course of the driver’s day has huge significance. For example, according to Uber’s website, they offer supplemental coverage of varying amounts depending on the status of the driver.

Offline or the Driver app is off

• The driver’s personal insurance company and coverages apply

Available or waiting for a ride request (Uber maintains, on behalf of the driver)

• Third-party liability if your personal auto insurance doesn’t apply
• $50,000 in bodily injury per person
• $100,000 in bodily injury per accident
• $25,000 in property damage per accident

En route to pick up riders and during trips (Uber maintains, on behalf of the driver)

• $1,000,000 third-party liability
• Uninsured/underinsured motorist bodily injury
• Contingent comprehensive and collision
• Up to actual cash value of car with a $2,500 deductible (Effective 3/1/2021)
• Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible

If you are driving for a rideshare service like Uber or Lyft, it is important to understand what you are and are not covered for and when. Massachusetts has a minimum requirement for vehicle insurance coverage and insurance companies often require you to provide notice you will be using your vehicle to provide rideshare services.

The third aspect of the independent contractor-Uber/Lyft relationship we will touch on revolves around a legal doctrine known as “respondeat superior.” Respondeat superior stands for the proposition that an employer can be found liable for the actions of their employee. However, this doctrine is generally unavailable in cases involving independent contractors. What this means is that Uber and Lyft are able to distance themselves from any tortious actions of their drivers.

At this point, it should be clear that these rideshare companies have positioned themselves to avoid direct liability for the actions of their drivers. In practice, this means it can often be difficult to ascertain whose insurance companies to target in order to handle claims. As is a recurring theme in our practice, the involvement of insurance companies tends to complicate matters. It is usually in your best interest to work with an experienced rideshare injury attorney.

Finally, while to this point the article has focused on the driver’s legal work status (independent contractor) and insurance, the reality is that with any motor vehicle accidents, injuries can occur to the driver, passenger(s), and 3rd parties. If you are the passenger or 3rd party in a rideshare accident, you are accorded the same personal injury rights as any other motor vehicle accident. Like other motor vehicle accidents, it is in your best interest to seek the services of an experienced personal injury attorney who can help you through the process.

To answer that we should look at where the accidents typically take place. Two (2) common locations where pedestrian accidents occur are in crosswalks and parking lots. Intuitively, this makes sense as these are areas where people and cars intersect. By their nature, these are high pedestrian-traffic areas. Drivers are taught to be aware of pedestrians in these areas.

Crosswalks

When a vehicle approaches a crosswalk, drivers are instructed to slow down and be vigilant for pedestrians. If a person is already in the crosswalk, then they have the “right of way” and drivers must always yield to them. From the pedestrian’s perspective, the different types of crosswalks have slightly different rules.

For example, some crosswalks are controlled by a walk signal button, i.e., there is a button to push that will expedite a red light, making it safe to cross. At these types of crosswalks, upon pressing the walk-signal button, the pedestrian must wait until the “walk” signal flashes and it is safe to cross. Some intersections do not have a walk signal button and only have painted crosswalks. At these crossings, pedestrians always have the right of way. Finally, some intersections have no crosswalk at all, e.g., side streets, driveways, and parking lots. Again, pedestrians have the right of way and drivers are required to yield as if a crosswalk was there.

Parking Lots

Another common site for pedestrian accidents are parking lots. Parking lots provide a unique situation where cars and pedestrians are constantly around each other. So it makes sense that the potential for pedestrian accidents is higher. Most parking lots do not have marked crosswalks and if they do, they only mark a path across the main roadway between the store(s) and the actual parking spaces. Therefore, as mentioned above, pedestrians do have the right of way and drivers must yield to them.

Within the context of parking lots, but also applicable to driveways, many accidents involve a driver who is backing up. Often, drivers rely solely on their mirrors, which leaves the driver with blind spots. Even cars with rear-facing cameras cannot clear all possible blind spots. While the safety impetus falls on the driver, it is always good practice to keep an eye out for any vehicles backing out of a parking space or driveway.

That last line is notable. It is important to remember that simply because the law is on your side and you have the right of way, it does not mean you should not be vigilant. Pedestrian-vehicle accidents are mostly one-sided when it comes to physical damages. Further, the most common reason for these accidents are carelessness of the driver. Checking our phones, changing the radio station, or turning to talk to the person next to us are things we have all done and only take a second or two.

Unfortunately, when driving a vehicle, these lapses in focus can be dangerous. Combine the vast discrepancy in size between a vehicle (even a slowly moving one) and a pedestrian, and the potential for serious bodily injury is high. That is why it is incumbent on drivers and pedestrians to pay extra attention in high pedestrian-traffic areas, like parking lots and crosswalks.

However, if you find yourself the victim of a pedestrian accident, it is in your interest to contact an experienced attorney who can help you determine the legal remedies available to you.

Due to the increased amount of bicycle traffic, vehicles and bicycles are often vying for the same road space. Drivers often believe that they always have the right-of-way and that cyclists are the ones who need to move to the side. However, the fact is that drivers share the road with all vehicles, including cyclists. A cyclist is entitled to use an entire travel lane, even if there are other vehicles sharing the road. Due to differences in traveling speed, drivers often perform unsafe maneuvers in an effort to pass the slower-moving cyclist. It is not uncommon for a driver to “clip” a cyclist when attempting to pass. Similar to pedestrian accidents, bicycle accident injuries can be very serious due to the size and weight difference between bicycles and vehicles. Further, like pedestrians, bicycles offer no protection from vehicles.

Another common example of bicycle-vehicle accidents are known as “dooring accidents.” Dooring refers to when the driver of a parked vehicle opens a car door as a cyclist approaches. Due to travel speed and limited reaction time, cyclists often strike an opened vehicle door with tremendous force. Massachusetts law requires vehicle drivers and passengers to check for cyclists before opening their doors.

There are a number of Massachusetts laws aimed at ensuring safe conditions for cyclists, including, but not limited to:

• Unlike vehicles, cyclists may pass vehicles on the right. This fact cannot be used as a legal defense for a motorist involved in an accident with a cyclist;
• Cyclists must obey all traffic laws, including the use of headlights and tail lights for night riding;
• After passing a cyclist, a driver may not make abrupt right turns at intersections and driveways, i.e., they must let the cyclist pass first;
• Drivers may not pass cyclists until there is a safe distance to do so. If there is not a safe distance, then the driver must wait;
• No more than two (2) cyclists may ride together, except on multi-lane roads where there is more than one (1) lane traveling in the same direction. In these instances, the group of cyclists must ride in a single lane; and
• When preparing to make a left turn, drivers must yield to oncoming cyclists.

Now that you know the law, and have followed it perfectly as a cyclist, what happens if I am still involved in an accident? If this happens to you, there are a couple things you should do.

1. Check yourself for injuries. If you are able to do so, move yourself and bicycle out of harms way;
2. Similar to a car accident, collect as much information as you can from or about the other involved parties;
3. File accident reports; and
4. Hire an attorney to help you navigate the insurance and possible litigation process

A quick word about accident reports. Massachusetts law requires an accident report for any motor vehicle accident that results in injury to any involved party, or property damage in excess of $1,000. Also, the report must be filed within five (5) days of the accident. The Massachusetts RMV’s website has downloaded accident report forms and you can also pick one up at any police station. It is also best practice to make at least four (4) copies of the report; 1) mail the original to the RMV; 2) submit one to the police department in the place where the accident occurred; 3) keep one to submit to the other party’s insurance company; and 4) keep one for your own records.

Given the likely severity of injuries, the presence of insurance companies, and the timelines required for a necessary accident report, it is in your interest to hire a personal injury lawyer who can help represent your best interests.

• Fatal Auto accidents
• Work site accidents
• Slip-and-fall accidents
• Medical malpractice and misdiagnosis
• Animal attacks, e.g. dogs
• Nursing home abuse or neglect

Who Can File a Wrongful Death Claim? In order to file the wrongful death claim in court, you must be the executor or administrator of the deceased party’s estate. Any damages recovered from the claim are paid to the deceased person’s estate. What Type of Compensation is Available in a Wrongful Death Case? Because, in the context we are discussing, a wrongful death claim is a civil action (though not discussed herein, a criminal case may also be occurring simultaneously), the sole compensation is in the form of monetary damages. Pursuant to Massachusetts law, damages available compensate for:

1. the fair monetary value of the deceased could reasonably be expected to have earned in his or her lifetime, “including but not limited to compensation for the loss of the reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice of the decedent to the persons entitled to the damages recovered;”
2. reasonable funeral and burial expenses for the deceased party; and
3. punitive damages.

A quick note about punitive damages. Their intent is to punish the person responsible for the wrongful death; thus, are not related to the reasonable expected future income of the deceased. Further, they are only awarded if a court finds the death was caused by “malicious, willful, wanton or reckless conduct” or gross negligence by the defendant. Punitive damages are at least $5,000, though can be higher-to-significantly-higher depending on the facts of the case and the degree of “malicious, willful, wanton or reckless conduct” by the responsible party. Simply put, they are intended to punish the responsible party. How much time do I have to file a wrongful death lawsuit? A final thing to remember is the timeline for filing these claims. The statute of limitations, i.e., the deadline to file a lawsuit, is three (3) years of the date of death or of the date the executor first knew or should have known a wrongful death claim was available.

At the same time, our Nursing Home Injury Lawyers understand that this is personal for you. You trusted the nursing home to take care of your mom, dad, husband, or wife. They told you that they’d take great care of them, and that they’ll treat them like family. Then, once the doors were closed and they were going, they broke their promise.

If you or a loved one was injured or taken advantage of in a nursing home, call the Lowell Nursing Home Injury Lawyers at Marcotte Law Firm for a free, no obligation consultation.

• The driver panicked or made a spur-of-the-moment decision;
• Intoxication/drunk driving/operating under the influence;
• Unlicensed operator, i.e., if the other driver doesn’t have a license;
• Outstanding warrant or stolen vehicle (i.e., he/she would be arrested if police were called to the scene).

What Should I do if the Other Driver Leaves the Scene? Most importantly, DO NOT chase after the other car. This only puts yourself and others in danger through the chase itself or eventually confronting the driver. When you realize another driver is attempting to leave the scene, there are a few things you can do. First, try to identify the vehicle in question. If you can, take a picture of the other vehicle, ideally the license plate, but a photo of other identifying information, e.g., color, make, or model, is also helpful to the police. If there are witnesses, you can also ask them to provide any information they may have. Second, call the police. Give them all the information you have, including any photos or observations of the other car. Even if you only got a partial view of the license plate, that could be helpful. Will My Insurance Cover Me? There are two types of insurance that cover these situations: Uninsured Motorist Coverage will pay the compensation for your injuries. This is required coverage, meaning everyone in Massachusetts has it, although the amount of the insurance varies depending on what you paid for. So in many situations, you won’t be any worse off because the other car fled the scene. Collision Coverage will pay for any damage to your car. This is an optional coverage, meaning you may not have it. Am I entitled to additional damages? Yes, depending on the facts of the case. For example, if the paint of your car was scratched, as a general proposition, a court will not find injuries necessitating compensation. However, if you were to suffer physical and or emotional harm due to being in a car accident, you may be able to pursue a claim against the driver. Furthermore, as leaving the scene is a crime in Massachusetts, a judge in the criminal case could order the driver to pay damages. Even if this were to happen, you can still pursue a civil lawsuit seeking additional compensation for your injuries.

If you’ve been injured in a hit and run accident, call the Car Accident Lawyers at Marcotte Law Firm for a free, no obligation consultation.

At the same time, many of these contracts have clauses that state who will not only pay for injuries that occur, but also for the cost of the defense. Called a “tender,” we often send letters to property owners only for it to be forwarded to an insurance company for the landscaping company responsible for plowing and sanding.

Another significant SJC case was handed down in 2020 regarding what is known as the “Warranty of Habitability.” (You can read the full description of this case in a prior blog post here). In summary, the SJC found that an ice or snow-induced slip and fall injury did not invoke the warranty of habitability, but rather that of negligence. This is significant because under negligence, the injured person may bear some of the fault, thereby reducing damages owed. If someone is injured due to slipping on snow or ice on your property, they have to provide you with notice of their injury within thirty (30) days. If they fail to provide you with this notice, they will be unable to file a claim against you if you are prejudiced, which is a high hurdle to jump over. If you’ve fallen on snow or ice, it’s important to seek out an experienced lawyer as soon as possible.

Before comparing and contrasting the two programs, it is helpful to look at a very quick description of each. Title II/SSDI supports individuals who are disabled and have a qualifying work history, generally resulting from their own employment, but there are instances (primarily the death of the primary wage-earner) when it can be based on that of a family member (spouse/parent).

Title XVI/SSI provides minimum basic financial assistance to older adults and persons with disabilities (regardless of age) with very limited income and resources. Though it will not be discussed here, people age 65 or older and blind individuals are also eligible for SSI. The major difference between the two programs is that an SSI determination is based on age/disability and limited income and resources, whereas an SSDI determination is based on disability and work credits.

These are some of the most significant differences between the two programs.

Eligibility: For both programs, you need to be disabled. For SSDI, you need to have sufficient work credits through your own employment or the employment of a family member. For SSI, you need to have limited or no income and resources, with certain exceptions for those who are 65 or older or anyone who is blind at any age.

Payment Amount: For SSDI, this is based on a workers’ earnings. The more you made, the more your benefits may be. For SSI recipients, the benefit rate (as of January 1, 2020) is $783.00 for an individual or $1,175.00 for a couple. As of January 1, 2021, those numbers are slated to rise to $794.00 for an individual or $1,191.00 for a couple.

Earnings Requirement: For SSDI, you need to have worked 20 quarters worth of coverage within a 10 year period. That essentially means you need to have worked 5 our of 10 years. There is no work requirement for SSI.

Asset Limits: For SSDI, there are no asset limits. You can have any amount in the bank and still receive benefits, if you otherwise qualify. For SSI, an individual cannot have more than $2,000.00 in assets. For a couple, that limit is $3,000.00

Unearned Income Limit: For SSDI, there is no limit. For SSI, after a small amount is disregarded, any amount you receive is deducted from monthly benefits dollar for dollar.

Health Insurance: For SSDI, you automatically qualify for Medicare after a 24-month waiting period from when your benefits begin. For SSI, you’re automatically qualified for Medicaid (Mass Health in Massachusetts) upon receipt of SSI benefits (in most states).

One important thing to remember is that the medical standard of proof is the same for both programs. That means if you apply for both, SSA will determine disability for both at the same time and under the same standard. Said another way, you cannot be medically eligible for one and not the other. For individuals applying for disability benefits, the differences in eligibility are based solely on your financial history, i.e., work history, assets, spouse’s income and assets, etc.

It may be the case that you’re eligible for both benefits, so applying for both might make the most sense. Then, at a later time, you can determine how to use the benefits to your advantage to qualify for various programs.

In order to find out if either of these programs – individually or in tandem – makes sense for your situation, it helps to work with a Disability Lawyer who can help navigate you through the process.

In order to reduce your offset and maximize your Workers’ Compensation and SSDI benefits, you should consult with an experienced attorney who can draft a settlement agreement that leaves you with the most money possible each month. Attorneys try to draft Workers’ Compensation settlement agreements to minimize any offset of benefits. Social Security may review the settlement agreement when deciding how much of the settlement is subject to offset. Attorneys will also draft the settlement agreement to exclude medical and legal expenses from the lump sum that is counted for Social Security.